WILL: Charles E. Babcock; Walton, Delaware Co., NY

Transcribed Jul 2002 by W. David Samuelsen

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Delaware Co. NY Will Book Vol. 27 page 41

Charles E. Babcock, of Walton, Delaware Co., NY 1912

Record of the Last Will and Testament of Charles E. Babcock, Deceased

Be it Remebered, That heretofore, to wit: on the 22d day of April, in the year
of our Lord one thousand nine hundred and twelve, James Munn, the Executor
named in the Last Will and Testament of Charles E. Babcock, late of the Town
of Walton in the County of Delaware, deceased, appeared in open court, before
the Surrogate of the County of Delaware, and made application to have the said
Last Will and Testament which relates to both Real and Personal Estate, proved
and on such application the said Surrogate did ascertain by satisfactory
evidence who were the heirs at law and next of kin of the said testator and
their respective residences, and said Surrogate did thereupon issue a Citation
in due form of law, directed to the heirs at law and next of kin by their
respective names, requiring them to appear before said Surrogate at his office
in the Village of Walton in said County, on the 14th day of May, A.D. 1912, to
attend the probate of said Will.

And afterwards, to wit: on the 14th day of May, A.D. 1912, satisfactory
evidence by affidavit was produced and presented to said Surrogate, of the due
services of said Citation in the mode prescribed by law, and on that day the
proponent having appeared in support of the probate of said Will, and Geo. M.
Babcock, Mrs. W. D. Scott, F. G. Babcock, Bert Babcock & Mabel A. Barber
appearing to oppose the probate of the same in person and by William & Coulon,
their attorneys, such proceedings were thereupon had in said Court that the
said Surrogate took the proofs of said Will hereinafter set forth, upon this
24th day of June, A.D. 1912 and he thereupon adjudged the said Will to be a
valid Will of Real and Personal Estate, and the proofs thereof to be
sufficient, which said Last Will and Testament and proofs, are as follows,
that is to say:

I, Charles E. Babcock, of the village of Walton, Delaware County, New York,
aged fifty four years, being of sound and disposing mind and memory, do make,
publish and declare this, my last will and testament in manner following: that
is to say:

First.
After all my just debts and funeral expenses are paid, I give, devise and
bequeath unto my beloved wife Ella M. Babcock, all the property of which I
shall die seized and possessed, both real and personal, to her and her heirs
forever.

Second.
I hereby nominate and appoint my friend James Munn, of the Village of Walton,
New York, sole executor of this my last will and testament, hereby revoking
all former wills by me made.

In Witness whereof, I have hereunto set my hand and seal this 29th day of
December, in the year of our Lord one thousand nine hundred and eleven.

Charles E. Babcock (L.S.)

The above typewritten instrument, was subscribed by Charles E. Babcock, the
testator therein named on the day of the date thereof, in our presence and in
the presence of each of us, and he, at the same time, declared the said
instrument so subscribed by him, to be his last will and testament, and we, at
his request, and in his presence and in the presence of each other, have
hereunto subscribed our names as witnesses thereto.
Hugh White, residence Walton New York
M. W. Marvin, residence Walton New York

Delaware County Surrogate's Court,
In the matter of the Probate of the Last Will and Testament of Charle sE.
Babcock, late of said County, deceased.

Delaware County ss:
Harry Marvin of the town of Walton in the County of Delaware, being duly sworn
and examined before John P. Grant, Surrogate of the said County, doth before
and say, that he was well acquainted with M. W. Marvin, late of the town of
Walton County of Delaware, and State of New York, but now deceased and with
his manner and style of hand-writing, having often seen him wrote, and that he
verily believes that the signature "M. W. Marvin" signed as a witness to the
instrument now produced and shown to this deponent, bearing date the 27th day
of December 1911, and purporting to be the Last Will and Testament of Charles
E. Babcock, late of Walton N.Y. in said County, deceased, is the true and
genuine hand-writing and signature of the said M. W. Marvin and that the said
M. W. Marvin is now dead.

Harry Marvin.

Sworn and subscribed before me this 11th day of June 1912.
John P. Grant, Surrogate

County of Delaware, ss:
Hugh White of the town of Walton, in the County of Delaware, being duly sworn
as a witness in the above entitled matter, and examined in open Court in
behalf of the proponent to prove said Will, deposes and says:

I was well acquainted with Charles E. Babcock the said testator, and had known
him for more than 10 years before his death. The subscription of the
decedent's name to the instrument now shown to me, and offered for probate as
his last Will and Testament, andbearing date the 27 day of Dec., in the year
of our Lord one thousand nine hundred and eleven, was made by the decedent at
the residence of said testator in the village of Walton, N.Y in the County of
Delaware, in the presence of myself and M. W. Marvin, the other subscribing
witness. At the time of such subscription the said decedent declared the said
instrument, so subscribed by him, to be his last Will and Testament; and I
thereupon signed my name as a witness, at the end of the said instrument, at
the request of said decedent, and in his presence, and in the presence of said
M. W. Marvin. I also saw said M. W. Marvin the other subscribing witness sign
his name as a witness at the end of said Will, and know that he did so at the
request of said decedent and in his presence. The said decendent, at the time
of so executing said instrument, was upwards of the age of twenty-one years,
and of sound mind, memory and understanding, and not under any restraint, or
in any respect incompetent to devise real estate.

That the said M. W. Marvin, the other subscribing witness is dead.

Hugh White

Taken, subscribed and sworn to before me, this 11th day of June, 1912.
John P. Grant, Surrogate

At a Surrogate's Court, held at the Surrogate's Office in Delhi, in and for
the County of Delaware, on the 24th day of June, 1912.
Present, Hon. John P. Grant, Surrogate.

In the Matter of Proving the Last Will and Testament of Charles E. Babcock,
Deceased.

Satisfactory proof having been made of the due service of the Citation
heretofore issued in this matter, requiring the proper persons to appear in
this Court on the 14th day of May, 1912, and attend the probate of the Last
Will and Testament of Charles E. babcock, late of the Town of Walton, County
of Delaware, deceased, bearing date the 27th day of Decmeber, 1912; and James
Munn, the Executor named in the will, having appeared in person and by Sam'l
H. Fancher, his attorney, in support of the probate of the same, and E. E.
Coulon having been appointed and appeared as Special Guardian for Fay Babcock,
Eva Babcock and Carl Babcock, and objections to the probate of said Will
having been filed by williams & Coulon as attorneys for Geo. W. Babcock et al,
and the matter having been adjourned from time to time until this day, and
said objections having been withdrawn; and no other parties or pesons having
appeared, and the several witnesses having been examined before the Surrogate
and the proofs reduced to writing, and the said Surrogate having inquired
particularly into all the facts and circumstances, and it appearing that the
Will was duly executed, that the testator at the time of executing it was in
all respects competent to make a Willa nd not under restraint; and the said
Surrogate being satisfied of the genuineness of the Will and the validity of
its execution, the probate not being contested:

It is Ordered, Adjudged and Decreed, that the said instrument is the Last Will
and Testament of the said Charles E. Babcock, deceased; that the same be and
hereby is admitted to probate as a Will valid to pass real and personal
property, and that Letters Testamentary issue to James Munn, the Executor
named therein, upon his taking the oath prescribed by law.

John P. Grant, Surrogate.

Surrogate's Office }
Delaware County, } ss:

The Last Will and Testament of Charles E. Babcock, deceased, having been
admitted to probate as a Will valid to pass real and personal property, I have
recorded the same, with the decree admitting it to probate and the proof taken
thereupon, as required by law.

E. A. Manson, Clerk of Surrogate's Court.